Legal Issues

Permission slips, grading, custodial rights, tenure . . . teachers have legal concerns about which they need to be aware and informed.

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Questions to Ponder

Can teachers post student grades or

test scores?

Why or why not?© Kappa Delta Pi 2014

Question to Ponder

Can teachers talk

to other facultymembersabout astudent?

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Question to Ponder

Can volunteers grade students’ papers—such as a parent grading multiple

choice orspelling tests?

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FERPAFERPA–Family Educational Rights and Privacy Act

Directory Information A parent requests a class list with addresses for

birthday party invitations. Can the teacher give out this info?

Grading Papers Parents

Can parent volunteers grade students’ papers (such as a parent grading a multiple choice or spelling test)?

PeersIs it legal for students to grade each other’s papers?▫ Owasso Independent School District v. Falvo (Supreme Court)

Graded Student Work Samples During a parent conference, can another student’s

work be shown as an example of work done correctly or to represent on-grade-level work?

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FERPA Posting Grades• Is it okay for teachers to leave graded work

outside their door for student pick-up? Why or why not?• Can teachers post student grades or test

scores? Why or why not? Discussions between Faculty Members• Can teachers talk to other faculty members

about a student?

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Plan Book: Documentation Teacher’s Plan Book

• know rules for documenting lesson plans• know when and where plans must be available• book is legal document

courts can—and have—subpoenaed grade books

Public Law 94-142/Individuals withDisabilities Education Act (IDEA)• document IEP goals

repercussions for failure to document documenting strategies

Section 504 & LEP/ESOL• coverage

documenting student work, modifications, and more

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Questions to Ponder

Do teachers have freedomof speech withinthe school?

Do students?

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Freedom of Speech U.S. Constitution First Amendment

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government for redress of grievances.” 

Teachers do not “shed their constitutional rights to freedom of speech or expression at the school house gate.”

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Freedom of Speech: Students Freedom of Speech

• Tinker v. Des Moines Independent School District (1969)

denial of freedom of expression must be justified by a reasonable forecast of substantial school disruption“In our system, state-operated schools may not be enclaves to totalitarianism…[S]tudents may not be regarded as closed-circuit recipients of only that which the State chooses to communicate.”

• Bethel School District No. 403 v. Fraser (1986)speech within the classroom

• Hazelwood School District v. Kuhlmeier (1988)school newspaper

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Freedom of Speech: Students

Freedom of Speech in Dress• Massie v. Henry (1972)

hair lengthU.S. Court of Appeals (4th District)

• McNew (1998)—Surrey CountyPublic Schools, VA

blue hairAmerican Civil Liberties Union (ACLU) suit

Bethel School District No. 403 v. Fraser (1986)

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Bulletin Boards• Lee v. York County School Division (2007)

items removed by principalnot done in other classroomscomplaint regarding religious nature

Curriculum• Hammonds v. Mt Pleasant

ISD (1995)curriculum choices must be based

on county guidelines andprofessional standards

Freedom of Speech: Teachers

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Question to Ponder

Can a teacher’s life outsideof school cause him or her

to be fired?

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Teachers Social Media

• Facebook case: Barrow County School District v. Paynewww.cbsnews.com/8301-3445_162-7323148.html (8:07 min)

© Kappa Delta Pi 2014